It is good that there is a special day set aside as “Democracy Day” in Nigeria. This is precisely 12 June of every year. In its ideal setting, democracy should be celebrated every second, every minute, every hour, every day, every week, every month, every year in the lives of the citizens of any nation. Beyond the celebrations, awards and recognitions that mark this special Democracy Day, it is important to reflect on Nigeria’s brand of democracy through some critical interrogatories. This is necessary because there is always room for improvement. Besides, not a few have argued that Nigeria is either not a democracy or practicing a different brand of democracy. This view is not utterly incorrect because in itself, ddemocracy has no fixed meaning. Democracy is a value loaded concept in which no modern political system is prepared to be isolated from and be seen to be undemocratic. On a cautionary note, in its extreme form, democracy is tyranny of the majority- the minority will have their say but the majority will have their way. In its best form, democracy is rule of the majority. Democracy is government by many, and not necessarily by all the people. Many models claim to be democratic when indeed they are not.
To theorise democracy is an exercise in futility because democracy is abstraction. The ambiguity in democratic theory makes the study of democracy painful. There are many variants of democracy such as- popular democracy, bourgeois democracy, participant democracy, formal democracy, liberal democracy, guided democracy, one party democracy, classical democracy, socialist democracy, capitalist democracy, multi-party democracy, constitutional democracy. There is indeed added confusion because many regimes of all and different descriptions call themselves “democratic” thus giving very contradictory impressions of what democracy entails. Democracy has become such a sacrosanct or sacred concept that even the cruellest dictatorships or authoritarian or totalitarian rules style themselves a democracy. Generally speaking, excerpts from Abraham Lincoln’s 19 November 1863 Gettysburg Address defined democracy as “government of the people, for the people, by the people”. This definition has gained international prominence and traction as it connotes that power comes from the people.
Nigeria is a constitutional democracy. The nation’s constitution says so. In Nigeria, section 14(2)(a) of the Constitution of the Federal Republic of Nigeria, 1999 as amended provides unequivocally that “sovereignty belongs to the people of Nigeria from whom government through this Constitution derives all its powers and authority”. Does power come from the people or from the “do or die mentality” of the political players, or from the scheming devices of the INEC official or electoral umpire or from the militarized process or from the judiciary?
There can be an oppressive majority hence; democracy may not always be a benevolent model. This is what section 14(3) and (4) of the Constitution of the Federal Republic of Nigeria, 1999 as amended set out to achieve by declaring inclusiveness to the effect that- “(3) The composition of the Government of the Federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the federal character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few States or from a few ethnic or other sectional groups in that Government or in any of its agencies; and that (4) The composition of the Government of a State, a local government council, or any of the agencies of such Government or council, and the conduct of the affairs of the Government or council or such agencies shall be carried out in such manner as to recognise the diversity of the people within its area of authority and the need to promote a sense of belonging and loyalty among all the people of the Federation.” Against the foregoing provisions, is the variant of Nigeria’s democracy inclusive or oppressive? Have all segments of the polity at the federal, state and local government levels been given a true sense of belonging? Suffice it to say that inclusion is a fundamental attribute of democracy contemplated under the Nigerian Constitution.
Much as it is not easy to have a uniform definition of democracy, we dare say that it is everything to practice democracy as democracy has common standards and nuances. The kernel or anchor sheet of democracy is respect for human rights, rule of law and due process. One of the abiding precepts of democracy is that it guarantees equality before the law. The major democratic tenets include but are not limited to the following:
(1) Popular sovereignty. This entails that those who hold office must stand ready in some sense to do whatever the people want them to do and refrain from doing anything the people oppose.
(2) Political equality, meaning that each member of the community should have in some sense as good chance as his fellows to participate in the community decision making – no better no worse.
(3) Popular consultation and majority rule, meaning that majority of the electorate and not the minority should carry the day.
(4) Provision of basic freedoms for the citizens by the constitution. This is because a reasonably responsive democracy can exist only if at least eight institutional guarantees are present namely:
(a) freedom to form and join organisations;
(b) freedom of expression;
(c) the right to vote;
(d) eligibility for public office;
(e) the right for political leaders to compete for support and votes;
(f) alternative sources of information;
(g) free and fair elections;
(h) institutions for making government policies depend on votes and other expressions of preferences.
These civil and political rights are vividly captured in Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 as amended and the African Charter on Human and Peoples Rights, 1981 now ratified and applicable in Nigeria. They are justiciable as the courts are empowered to redress violations relating to them. Are these rights not obeyed more in breaches than observances?
In Nigeria, the definition and nature of democracy has not escaped the detailed and informed attention of the judiciary. For example, in AMAECHI V INEC & ORS (2008) LPELR-446(SC) (Pp. 104 paras. A), the Supreme Court, per Musdapher, JSC, made profound pronouncement on the nature of democracy thus- “Democracy’s world is rich and multifaceted. Democracy should not be viewed from a one -dimensional vantage point. Democracy is multidimensional. It is based both on the centrality of laws and democratic values, and, at their center, human rights. Indeed, democracy is based on every individual’s enjoyment of rights of which even the majority cannot deny him simply because the power of the majority is in its hands. Roland Dworkin in A Bill of Rights for Britain 1990, Pages 35 – 36 stated: “… true democracy is not just statistical democracy, in which anything, a majority or plurality wants is legitimate for that reason, but communal democracy, in which majority decision is legitimate only when it is a majority decision within a community of equals. That means not only that everyone must be allowed to participate in politics as an equal through the vote and though freedom of speech and protest, but that political decisions must treat everyone with equal concern and respect, that each individual person must be guaranteed fundamental civil and political rights no combination of other citizens can take away, no matter how numerous they are or how much they despise his or her race or morals or way of life‟.
Election is at the heart of democracy. Free, fair and credible elections remain the hallmark of responsible democracy. Although voting in elections does not always guarantee making rational choices but those who know better insist that election is a process. Interestingly, in OKOLIE V ELUMELU & ORS (2023) LPELR-61110(CA), the Court of Appeal, per Abiru, JCA, expounded on the meaning and nature of constitutional democracy thus- The term “democracy‟ comes from the Greek language and it means “rule by the (simple) people”. Democracy, as defined by the dictionary, is government by the people in which the supreme power is vested in the people and exercised directly by them or by their elected agents under a free electoral system. In the phrase of Abraham Lincoln, democracy is a government of the people, by the people, for the people. All democracies are systems in which citizens freely make political decisions by majority rule. Therefore, in every election, it is the wish and desire of the majority of the voters that must always be the determining factor. Any electoral system that subsumes, under any guise, the wishes of the majority in choosing the representatives of the people cannot be said to be democratic and fair. It is thus the responsibility of every player in the election process or electoral system of any democratic government, be he a participant, an organizer, a supervisor or in whatever capacity, to make laws, work the laws, operate the laws and interpret the laws in such a way that they enthrone at every stage of the process, the desires and wishes of the majority of the electorate. These are the higher ideals of the democratic process and it’s by so doing that democratic ideal can be advanced and deepened in the society. A learned writer, Stephen Leacock, made this point in his article “Our Heritage of Liberty” (London: Bodley Head (1942) page 60 when he stated: “… we must remember that no code or social legislation, no written law, can of itself guarantee true democracy and preserve liberty. The spring can rise no higher than its source. Democracy must continue to be fed from the altitude of the high ideals that founded it. … Democracy is a spirit.” The Courts must take the leadership role in driving this spirit, and provide the pathway for others to follow, in the willingness to use the higher ideals in instilling the true democratic spirit in the Nigerian polity. The politicians and the political parties who are driven by selfish interests will not.
Managers of the democratic enterprises in Nigeria are reminded that democracy and democratic rule is the prescribed form of government in Nigeria. Expressly, section 14(1) of the 1999 Constitution as amended provides that “The Federal Republic of Nigeria shall be a State based on the principles of democracy and social justice.” Furthermore, section 7(1) of the same 1999 Constitution of Nigeria as amended prescribes that “the system of local government by democratically elected local government councils is under this Constitution guaranteed”. Sadly, these noble provisions are obeyed more in breach than observance. Section 14(2)(c) of the extant Constitution provides that the participation by the people in their government shall be ensured in accordance with the provisions of this Constitution. Can a State where you do not have democratically elected Local Government Councils be described as democratic? State capture, capture of the judiciary, cowing of the electorate are not worthy characteristics of democracy.
Finally, poverty is enemy of democracy. Poor people cannot make ‘long-term’ political choices. They live in the NOW; they think for the NOW. Poverty is nemesis of democracy! Weaponisation of poverty is anti-democracy. It is not for nothing that the welfare and security of the people are elevated and consecrated as the primary purpose of government under the grundnorm, the fons et origo, the Constitution. This is the clear provision of section of section 14(2)(b) of the Constitution of the Federal Republic of Nigeria, 1999 as amended. That is and remains the litmus test of democracy.
A new normal is possible!
Prof Obiaraeri, N. O.
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